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HomeMy WebLinkAbout11-0086NAN31777 THIS IS AN ARBITRATION MATTER. ASSESSMENT OF DAMAGES HEARING REQUIRED. Goldman & Warshaw, P.C. BY: Barry A. Rosen, Esquire PA Identification No: 42951 312 W. Broad Street Quakertown, PA 18951 267-373-9730 Counsel for Plaintiff CAPITAL ONE BANK (USA), N.A., successor in interest to CAPITAL ONE BANK 4851 Cox Road Glen Allen, VA 23060 vs. DARRYL E LEACH 9 HIDDEN NOLL RD CARLISLE PA 17013-9626 c~~ ~ 7 ~ rt~ .n `, ~ ~' -° .~ ^` , , ,~ ~ .TV 4.. r ~~ COURT OF COMMON PLEAS :' -_. ~ ~ a: -,~,~ CUMBERLAND COUNTY = , ~,, ..r ~-: DOCKETNO.: ~ ~_ ~~ ~~ ~~ ~ NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGEMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S BEDFORD STREET CARLISLE, PA 17013 717-249-3166 ~~ ~9~ .(~(r ~-r-~j -ZGse~ ~ P~" ~~~ as a Goldman & Warshaw, P.C. BY: Barry A. Rosen, Esquire PA Identification No: 42951 312 W. Broad Street Quakertown, PA 18951 267-373-9730 Counsel for Plaintiff CAPITAL ONE BANK (USA), successor in interest to CAPITAL ONE BANK 4851 Cox Road Glen Allen, VA 23060 vs. DARRYL E LEACH 9 HIDDEN NOLL RD CARLISLE PA 17013-9626 N.A., COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET N0. ~.~ // i ` ~lJ G~ ~ 1 COMPLAINT IN CIVIL-ACTION 1. Plaintiff, Capital One BANK (USA), N.A., is a federally chartered bank authorized to do business in Pennsylvania with an address as stated in the caption above, and is successor in interest to Capital One Bank in accordance with a change of name and designation as federally chartered bank as authorized by the U.S. Comptroller of the Currency. 2. Defendant DARRYL E LEACH is an adult individual residing at the above captioned address. 3. At all times relevant hereto, the defendant was the holder of a credit card, which at the request of the defendant was issued to the defendant by the plaintiff under the terms of which the plaintiff agreed to extend to defendant the use of plaintiff s credit facilities. 4. Defendant accepted and used the aforesaid credit card so issued and by so doing agreed to perform the terms and conditions prescribed by the plaintiff for the use of said credit card. 5. The defendant received and accepted goods and merchandise and/or accepted services and/or cash advances through the use of the credit card issued by the Plaintiff. A true and correct copy of Plaintiff's Affidavit is attached hereto as Exhibit "A". 6. After allowing for all offsets and credits, a balance as of December 17, 2010 remains on the subject account having account number 5178057321491479 in the amount of $2,477.60 plus interest accruing at the rate of 16.90 from December 25, 2008 in the amount of $1,006.04 for a total current. amount due of $3,483.64; as of December 17, 2010 there remains a balance due in the amount of $3,483.64. 7. Plaintiff has made demand upon the defendant for payment of the balance due of $3,483.64 but the defendant has failed and refused and still refuses to pay the same or any part thereof. 8. Defendant's last payment on account was made on November 28, 2007. WHEREFORE, plaintiff claims of the defendant the sum of $3,483.64 plus applicable court costs and interest. Goldman & Warshaw, P.C. BY: '' Barry A. osen, Esquire Attorney for Plaintiff THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR PACARD CAPITAL ONE BANK (USA), N.A., Plaint v. DARRYL E LEACH Defendant(s). VERIFICATION Ngr~31~~7 The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, that he/she is an authorized agent of CAPITAL ONE BANK (USA), N.A., Plaintiff herein, and that he/she is duly authorized to make this Verification, and that the facts set forth in the foregoing Compl ' in Civil Action are true and correct to the best of 's/her knowledge, information and belie . _~ ~ Dated: ~ ~ 2 ~Cl ~ t ~~ Edward Piotrowski A232 GOLDMAN & WARSHAW, P.C. CAPITAL ONE BANK (USA), N.A., Plaintiff, v. DARRYL E LEACH Defendant(s). AFFIDAVIT The undersigned, being duly sworn, makes the following oath: I am over 18 years old and competent to make this affidavit. I am an authorized agent of Plaintiff CAPITAL ONE BANK (USA), N.A. ("Capital One") for purposes of this affidavit. I am duly authorized to make this affidavit, and because of the scope of my job responsibilities, I am familiar with the manner and method by which Capital One maintains its normal business books and records, including computer records of defaulted accounts. 2. These books and records are made in the course of regularly conducted business activity (1) at or near the time the events they purport to describe occurred, by a person with knowledge of the acts and events, or (2) by a computer or other similar digital means, which contemporaneously records an event as it occurs. The contents of this affidavit are believed to be true and correct based upon my personal knowledge of the processes by which Capital One maintains its business books and records. The books and records of Capital One show that Defendant{s) opened an account with Capital One for the purpose of obtaining an extension of credit and did thereafter use or authorize the use of the account for the acquisition of goods, services, or cash advances in accordance with the Customer Agreement governing use of that account. Further, Defendant(s) has/have breached the Agreement by failing to make periodic payments as required thereby. 4. The books and records of Capital One show that Defendant(s) is/are currently indebted to Capital One on account number 5178057321491479 for the just and true sum of $2655.39 as of 12/25/2008, plus interest accruing from said date at an annual percentage rate in accordance with the Customer Agreement, currently 16.90%, and that all just and lawful offsets, payments, and credits have been allowed. The Customer Agreement entered into between the parties also authorizes Capital One to recover from Defendant(s) reasonable attorneys' fees and costs to the extent permitted by law. Post judgment interest will continue to accrue on Defendant's(s') indebtedness at the rate authorized by law and as set forth in the judgment order. 6. I declare under the penalty of perjury that the foregoing is true and correct and if called as a witness I would competently testify, under oath, thereto. Given under my hand on: ,, n _ ~o~./~ Dated: I ~ Z (~% ~ l ~ ~ Edward Piotrowski County of Chesterfield, to wit: Commonwealth of Virginia SUBSCRIBED and sworn to before me, the undersigned Notary Public in and for the jurisdiction aforesaid, by Edward Piotrowski, who acknowledged before me his/her signature to the foregoing Affidavit. GIVEN under my hand and seal this ~ ~~day of C'-~ 20~ `._. _ 4` Notary Public Notary Registration Number: My Commission Expires: _ / / 20_ ,,,,,,.,n,.,..s..., r,.,w-,.4~. ... ~.....: e,... UAV~'YA L~.i:31CE JO~tNSC~N hlo~~.~ry Pub11c ~ornmor+~;; nra~til of Vlrninlca 7175059 nny Commisar•n E'ap"es Jul 3i. 2012 a°~~~~ ~ ;P. ~ .CE Jv ~~i ~' ' REv ~ I179p59 •% 1~ c~ % 1,9Y CnNd4iSSlGfJ ~ ! ~! A232 " - - - - - - -- - - GOLDMAN & WARSHAW, P.C. SHERIFF'S OFFICE OF CUMBERLAND COUNTY n Ronny R Anderson Sheriff of 4liarib",???? _ r- "'IIf?'1 Jody S Smith o? Chief Deputy ;- o Richard W Stewart C:) Solicitor ?m D Capital One Bank Case Number vs . 2011-86 Darryl E. Leach SHERIFF'S RETURN OF SERVICE 01/10/2011 05:25 PM - Stephen Bender, Deputy Sheriff, who being duly sworn according to law, states that on January 10, 2011 at 1725 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Darryl E. Leach, by making known unto himself personally, at 9 Hidden Noll Road, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to hin personally the said true and correct copy of the same. STEPHEN BENDER, DEPUTY SHERIFF COST: $33.40 January 11, 2011 SO ANSWERS, I "C RON R ANDERSON, SHERIFF 'r Gcu." S nt She! e. I.'c. F IL ED-ue F Goldman & Warshaw, P.C. Barry A. Rosen, Esquire PA Identification No: ;42951 GOLDMAN & WARSHAW, P.C. 312 W. Broad Street Quakertown, PA 18951 267-373-9730 Counsel for Plaintiff LJI I tI R -7 P .ANM1777 CAPITAL ONE BANK (USA), successor in interest t CAPITAL ONE BANK VS. DARRYL E LEACH DOCKET NO. : 11-86-CV Enter judgment for want of an answer for plaintiff and against defendant(s) above named only and assess damages certified to be calculable as a sum certain from the complaint, as follows: P incipal I terest from @ ,16.90 Cc!sts (Complaint $2,477.60 12/25/2008 $1,078.31 & Service) $3,555.91 Understanding the false statements made herein are subject to penalty under 18 Pa.C.S.A. §4904, Unsworn Falsification to Authorities, I verifylthat: 1. The last knolwn addresses of the parties are: CAPITAL ONE BANK (USA), N.A.,successor in interest to CAPITAL ONE BANK and that the last known address of defendant, DARRYL E LEACH, 9 HIDDEN pli I,1 cI. UG ?l ?GScn ai17lo ?l iall® 17/11 "4" 'Ii N.A., COURT OF COMMON PLEAS o CUMBERLAND COUNTY TO THE PROTHONOTARY: I NOLL RD, CARLISLE PA 17x13-9626. 2. The annexed notice(s) of intention to file this praecipe was (were) mailed to all parties, defendant and to their record attorneys, if any, after default occurred, and at least ten days prior to the date of filing of this praecipe. 3. The said defendant(s) is (are) not in the military service of the United,States or otherwise within the coverage of the Soldiers and Sailors Civil Relief Act and is (are) over 18 years of age. AND NOW, this h day of 12AveP1 , 2011 Judgment is entered in favor of he plaintiff(s) and against defendant(s) by default for want of an answer and damages assessed at the sum of , $3,555.91 as per the above certification. Prothonotary Goldman & Warshaw, P.C. BY: BARRY A. O N, ESQUIRE Attorney for Plaintiff padj /scan Goldman & Warshaw, P.C. BY:Barry A. Rosen, Esquire PA Identification No: 42951 GOLDMAN & WARSHAW, P.C. 312 W. Broad Street Quakertown, PA 189511 267-373-9730 Counsel for Plaintiff CAPITAL ONE BANK (USA), N.A., ccessor in COURT OF COMMON PLEAS interest to CAPITAL ONE BANK CUMBERLAND COUNTY Vs. DOCKET NO.: 11-86-CV DARRYL E LEACH DARRYL E LEACH 9 HIDDEN NOLL RD CARLISLE PA 17013-9626 TO/PARA: DARRYL E LEA DATE OF NOTICE/FECHA DEL i IMPORTANT NOTICE YOU ARE IN DEFAULT BE AUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET 'FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR O FEE. AND COUNTY BAR ASSOCIATION 32 S BEDFORD STREET CARLISLE, PA 17013 717-249-3166 Goldman & Warshaw, P.C. BY: BARRY A. SEN, ESQUIRE THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. P l OD:NAN31777 c ? Goldman & Warshaw, P.C.I Barry A. Rosen, Esqui e PA Identification No: 42951 GOLDMAN & WARSHAW, P. C. 312 W. Broad Street Quakertown, PA 18951 267-373-9730 Counsel for Plaintiff NAN31777 CAPITAL ONE BANK (USA)F, N.A., successor in interest Ito CAPITAL ONE BANK VS. DARRYL E LEACH COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 11-86-CV NOTICE TO: DARRYL E LEACH 9 HIDDEN NOLL RD CARLISLE PA 17013-9626 Pursuant to Pa.R.Civ,P. 236 of the Supreme Court of Pennsylvania, you are hereby notifie that a judgment has been entered against you in the above proce ding as indicated below. Judgment by Default $3,555.91 Money Judgment $ Judgment on Award of Arbitrators$ Judgment on Verdict$ IF YOU HAVE ANY QUESTION CONCERNING THIS NOTICE, PLEASE CALL THE LAW FIRM OF GOLDMAN & WARSHA , P.C. AT THIS TELEPHONE NUMBER: 267-373-9730 -31-711 padj /scan PROTHONOTARY ?1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-86 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CAPITAL ONE BANK (USA), N.A., SUCCESSOR IN INTEREST TO CAPITAL ONE BANK Plaintiff (s) From DARRYL E. LEACH, 9 HIDDEN NOLL ROAD, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL PROPERTY OF THE DEFENDANT LOCATED AT 9 HIDDEN NOLL ROAD, CARLISLE, PA 17013-9626. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: BELCO COMMUNITY CREDIT UNION, 3500 TRINDLE ROAD, CAMP HILL, PA 17011 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $3,555.91 L.L. $.50 Interest FROM MARCH 7, 2011 - $132.02 Atty's Comm % Atty Paid $166.40 Plaintiff Paid Due Prothy $2.00 Other Costs: Date: 11/7/11 (Sea]) REQUESTING PARTY: Name BARRY A. ROSEN, ESQUIRE Address: GOLDMAN & WARSHAW, P.C. 312 W. BROAD STREET QUAKERTOWN, PA 18951 Attorney for: PLAINTIFF Telephone: 267-373-9730 Supreme Court ID No. 42951 David D. Buell, Prothonotary F 'V. Deputy NAN31777 Goldman & Warshaw, P.C. BY: Barry A. Rosen, Esquire PA Identification No: 42951 312 W. Broad Street Quakertown, PA 18951 267-373-9730 Counsel for Plaintiff CAPITAL ONE BANK (USA), N.A., successor in interest to CAPITAL ONE BANK 4851 Cox Road Glen Allen, VA 23060 VS. DARRYL E LEACH 9 HIDDEN NOLL RD CARLISLE PA 17013-9626 and Belco Community Credit Union 3500 Trindle Road Camp Hill, PA 17011 GARNISHEE COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO. : 11-86-CV PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue writ of execution in the above matter, directed to the Sheriff of Cumberland County; CD C -- -I fir, (1) against DARRYL E LEACH defendant(s): All personal property of the defendant(s) located at: 9 HIDDEN NOLL RD, CARLISLE PA 17013-9626, and (2) against Belco Community Credit Union garnishee(s) (3) AMOUNT DUE $3,555.91 INTEREST from March 7, 2011 132.02 COSTS Prothonotary fee .00 Sheriff fee .00 D TOTAL 0'u.} 8 ay. ? 4 ? a 14, W 11 " CL 'SU lc 0 ?, 5o G.L 1 l?. ?? 137- C?+ eta 7 $3 687.93 BARRY A. RQ,;EN, ESQUIRE Attorney for Plaintiff IA)rik te& .Issued SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 0,08110. ut z.i:r,r?rrEtl LE0-0FF-IC HE PR0TH0N? W , Jody S Smith Chief Deputy Richard W Stewart Solicitor Capital One Bank vs. Darryl E. Leach CUMBERLAND COUNTY PENNSYLVANIA 2011 NO'r 28 AM 8: t} 1 Case Number 2011-86 SHERIFF'S RETURN OF SERVICE 11/15/2011 12:33 PM - Noah Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Belco Community Credit Union at 3500 Trindle Road, Camp Hill Borough, Camp Hill, PA 17011, Cumberland County, by handing to LAUREN M. HALE (SERVICE REP.), personally three true and attested copies of the Writ of Execution and made the contents there of known to her. 11/17/2011 03:28 PM - Shawn Gutshall, Deputy , being duly sworn according to law, states that on November 17, 2011 at 3:28 PM hours, served the requested Writ of Execution and Claim for Exemption Form by "personally" handing a true and attested copy to a person representing themselves to be the Defendant, tc wit: Darryl E. Leach at 9 Hidden Noll Road, North Middleton Township, Carlisle, PA 17013, informed Defendant of contents of same and levied upon personal property as directed. Postcard and copy of levy mailed to attorney and letter mailed to defendant on November 18, 2011. SO ANSWERS, November 18, 2011 RO NDERSON, SHERIFF , Deputy Noah Cline, Deputy .A SHERIFF'S OFFICE OF CUMBERLAND COUNTY % Ronny R Anderson SZriff L ONW of ?:Iuvlqt,1444 12 Jody S Smith Chief Deputy Richard W Stewart Solicitor Capital One Bank vs. Darryl E. Leach 2012 MAY 17 PH 2: 31 131MBERLA D .lJUNT"T PENNSYLVANIA Case Number 2011-86 SHERIFF'S RETURN OF SERVICE 11/15/2011 12:33 PM - Noah Cline, Deputy, who being duly sworn according to law, attached as herein commanded all goods, chattels, rights, debts, credits, and monies of the Defendant, in the hands, possession, or control of the within named garnishee, Belco Community Credit Union at 3500 Trindle Road, Camp Hill Borough, Camp Hill, PA 17011, Cumberland County, by handing to LAUREN M. HALE (SERVICE REP.), personally three true and attested copies of the Writ of Execution and made the contents there of known to her. 11/17/2011 03:28 PM - Shawn Gutshall, Deputy, being duly sworn according to law, states that on November 17, 2011 at 3:28 PM hours, served the requested Writ of Execution and Claim for Exemption Form by "personally" handing a true and attested copy to a person representing themselves to be the Defendant, tc wit: Darryl E. Leach at 9 Hidden Noll Road, North Middleton Township, Carlisle, PA 17013, informed Defendant of contents of same and levied upon personal property as directed. Postcard and copy of levy mailed to attorney and letter mailed to defendant on November 18, 2011. 05/17/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ of execution is returned as ABANDONED. No action on writ in over 6 months. SHERIFF COST: $134.03 SO ANSWERS, May 17, 2012 RON R ANDERSON, SHERIFF -56 X75 3 ? 1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CAPITAL ONE BANK (USA), N.A., SUCCESSOR IN INTEREST TO CAPITAL ONE BANK Plaintiff (s) From DARRYL E. LEACH, 9 HIDDEN NOLL ROAD, CARLISLE, PA 17013 (1) You are directed to levy upon the property of the defendant (s)and to sell ALL PERSONAL PROPERTY OF THE DEFENDANT LOCATED AT 9 HIDDEN NOLL ROAD, CARLISLE, NO 11-86 Civil CIVIL ACTION - LAW PA 17013-9626. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: BELCO COMMUNITY CREDIT UNION, 3500 TRINDLE ROAD, CAMP HILL, PA 17011 and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $3,555.91 Interest FROM MARCH 7, 2011 - $132.02 Atty's Comm % Atty Paid $166.40 Plaintiff Paid Date: 11/7/11 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs: 1 David D. Buell, Prothonotary By: 59'Z?V'-- Deputy REQUESTING PARTY: Name BARRY A. ROSEN, ESQUIRE Address: GOLDMAN & WARSHAW, P.C. 312 W. BROAD STREET QUAKERTOWN, PA 18951 TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Court at Carlisle, Pa. This 7 day of --t)D-V-20 1_ Attorney for: PLAINTIFF Telephone: 267-373-9730 Supreme Court ID No. 42951 Prothonotay a.